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NY A89869




December 19, 1996

CLA-2-46:RR:NC:2:230 A89869

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900; 4602.10.1800

Mr. James J. Kelly
Barthco Trade Consultants, Inc.
7575 Holstein Ave.
Philadelphia, PA 19153

RE: The tariff classification of bamboo and fern baskets and a wood chip basket from China

Dear Mr. Kelly:

In your letter dated November 19, 1996, on behalf of Giftwares Co. Inc., you requested a tariff classification ruling.

The ruling was requested on various baskets made of different materials. Samples of four styles of baskets were submitted. The first basket, item number 11406, is a 5 inch round basket with a long handle. It is composed of bamboo strips on the entire bottom, the upright sides, the handle, the rim and portions of the sides going across. The remaining portions of the sides are composed of interwoven ribs of fern. The handle is covered with fern.

The second basket, item number 9083, is a 6 inch round basket with a long handle. It is also composed of bamboo strips on the bottom, the upright sides, the handle, the rim and the top and bottom portions of the sides going across. Interwoven across the rest of the sides is a 1 inch strip of burlap, a braided strand of bunches of fern, and another strip of burlap. A bunch of fern pieces cover the outside of the handle.

The third basket, item number 10501H, is an 8 inch round basket with a three piece bamboo handle. It is also composed of bamboo strips on the bottom, the upright sides, the rim and portions of the sides going across near the top and bottom rim. The remaining portion of the sides is filled in with interwoven strips of fern. In addition, the rim is covered with fern.

The essential character of these three baskets is imparted by the bamboo. Except for the interwoven side pieces which fill in and decorate the baskets, the remaining parts of the baskets are made of bamboo. The bamboo is greater in quantity and importance than the other materials.

The fourth basket, item number 01254, is a 10 x 8 inch rectangular basket with a wooden handle. The basket is otherwise composed of entirely interwoven strips of wood chip.

The applicable subheading for the baskets essentially of bamboo, item numbers 11406, 9083 and 10501H, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles of plaiting materials; of vegetable materials; other baskets and bags, whether or not lined; of bamboo; other. The rate of duty will be 10 percent ad valorem. This rate will remain the same for 1997.

The applicable subheading for the plaited wood chip basket, item number 01254, will be 4602.10.1800, HTSUSA, which provides for basketwork, wickerwork and other articles of plaiting materials; of vegetable materials; other baskets and bags, whether or not lined; other; other. The rate of duty will be 4.5 percent ad valorem. This rate will remain the same for 1997.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paul Garretto at 212-466-5779.

Sincerely,

Roger J. Silvestri

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